People Ex Rel. Cook v. Becker
New York Court of Appeals
Writ of error to the Supreme Court. Mandamus requiring the sheriff of Montgomery to execute to the relator a deed of certain land, to which he claimed to have acquired title as purchaser upon a sale on execution. The sheriff made a return to the alternative writ, upon which issues of fact were joined and tried at the Montgomery Circuit.
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Writ of error to the Supreme Court. Mandamus requiring the sheriff of Montgomery to execute to the relator a deed of certain land, to which he claimed to have acquired title as purchaser upon a sale on execution. The sheriff made a return to the alternative writ, upon which issues of fact were joined and tried at the Montgomery Circuit. It was there found that on the last day for redeeming the property from the sale, one Livingston Spraker presented to the sheriff- a certified copy ■of a mortgage to himself, which was a lien upon the land, with his affidavit annexed thereto, stating the sum…
1Opinion of the Court
Johnson, Ch. J.
The affidavit on which the right of the original purchaser was sought to be acquired, was, in my opinion, defective in the manner of stating the amount due upon the mortgage. It says: “ That there is actually due or to become due on said mortgage, at this, the time of claiming a right to purchase or redeem thereon, over and above all payments, the sum of $6,433, as claimed by this deponent.”
The statute requires an affidavit, stating the true sum due, or to become due, over and above all payments. The sum thus stated is the amount which any other person seeking, in pursuance of…
2Cited by8 opinions
- Tinkcom v. LewisSupreme Court of Minnesota · 1874
- Cantor v. KillenCity of New York Municipal Court · 1938
- People ex rel. Hartford Life & Annuity Ins. v. FairmanNew York Supreme Court · 1882
- Brown v. StateCourt of Appeals of Texas · 1882
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
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